DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 01682-1090
13 May 2010
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Sub}: REVIEW OF NAVAL_OF RECORD "i
ate
Ref a) 10 U.S.C. 1552
(b}) MARADMIN message 303/08
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) HQMC MMSR-5 memo dtd 29 Mar 10
(4) Subjeéct’s naval record
1. Pursuant to the provisions of reference (a),
Petitioner, a commissioned officer of the United States
Marine Corps Reserve, filed enclosure (1) with this Board
requesting, in effect, that the last four of his six
unsatisfactory reserve retirement anniversary years be
removed and that he be placed on the Inactive Status List
(ISL) effective 12 August 2005 in accordance with reference
(b) .
>. The Board, consisting of vir a RR ad
ver reviewed Petitioner's allegations of error and
injustice on 11 May 2010, and, pursuant to its regulations,
determined that the corrective action indicated below
should be taken on the available evidence of record.
Documentary material considered by the Board consisted of
the enclosures, naval records, and applicable statutes,
regulations and policies.
3. The Board, having reviewed all the facts of record
pertaining to Petitioner's allegations of error and
injustice finds as follows:
a. Before applying to this Board, Petitioner did
(on exhaust all administrative remedies available under.
existing law and regulations within the Department of the
Navy.
b. Enclosure (1) was filed in a timely manner.
c. Petitioner enlisted in the Marine Corps Reserve on
12 August 1997. He was honorably discharged and was
accepted for the Fnlisted Commissioning Program on
16 August 1999. He received his commission and drilled
with the Reserves until 11 August 2003. He did not
participate again until 12 August 2009. Per reference (b),
the screening of his service record should have occurred
once he had not drilled for two years and should have been
placed on the ISL. In his case, this should have occurred
on 12 August 2005.
d. The Board requested an advisory opinion (enclosure
(3)} in this case from Headquarters Marine Corps, which
states that Petitioner should not receive relief based on
the fact that if he had been placed on the ISL, he would
not have earned any points toward his reserve retirement.
e. Due to the fact that the Petitioner was not placed
on the ISL correctiy, he now is in jeopardy of reaching his
career service limitation and the possibility of not being
selected for promotion to major. He is currently
participating with a reserve unit and is enrolled in the
Expeditionary Warfare School.
CONCLUSION:
Upon review and consideration of aii the evidence of
record, and despite the recommendation in enclosure (3),
the Board concludes that Petitioner's request warrants
favorable action. The Board notes his patriotism and
dedication to his country and bases its recommendation on
his loyalty, and desire to continue to serve his country.
More particularly Petitioner is participating with a
reserve unit and is attending the Expeditionary Warfare
School course. Accordingly, the Board concludes that, as a
matter of equity, relief in the form of placing him on the
ISL effective 12 August 2005 is appropriate. However, he
will be required to submit a minimal participation waiver
for the years from 2006 to 2009.
In view of the foregoing, the Board finds the existence of
an injustice warranting the following partial corrective
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show
that he be placed on the ISL effective 12 August 2005.
b. That any material or entries inconsistent with or
relating to the Board's recommendation be corrected,
removed, or completely expunged from Petitioner's record
and that no guch entries or material be added to the record
in the future.
c. That any material directed to be removed from
Petitioner's naval record be returned to the Board,
together with a copy of this Report of Proceedings, for
retention in a confidential file maintained for such
purpose, with no cross reference being made a part of
Petitioner's naval record.
d. That no further relief is granted.
4. It is certified that a quorum was present at the
Board’s review and deliberations, and that the foregoing is
a true and complete record of the Board’s proceedings in
the above entitled matter. .
ROBERT D. ZSALMAN BRIAN : GEORGE
Recorder Acting Recorder
5. The foregoing report of the Board is submitted for your
review and action.
lone
W. DEAN PFE
By direction
ROBERT L. WOODS
Assistant General Counsel!
(Manpower and Reserve Affairs)
+000 Navy Pentagon, Rm 40548
Washington, DC 20350-1000
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